Due to COVID-19, we ask that all visitors to our office wear face masks and socially distance themselves, including during consultations. We are also available via video chat, phone, or email.

The Trusted Law Firm of Northern Nevada
Substance abuse

Substance Abuse and Divorce

Substance Abuse Ends Marriages

Excessive drinking, illicit drug use, and prescription drug abuse are major factors that lead couples to divorce. Simply put, addiction is problematic in a relationship because an addicted spouse will prioritize their maladaptive use of substances over their marriage. There is a lack of trust that comes with substance abuse because of the lies, the secrecy, the inability to rely on the addicted spouse, and the money thrown at the addiction. The marital relationship and the parent-child relationship also tremendously suffer.

Nevada is a no-fault divorce state. This means that in granting a divorce, courts do not look at the underlying reasons for the end of the marriage, or whether one spouse is responsible for the breakup. Rather, courts can only look at the fact that a couple has been separated and there is no intent to reconcile. Nevertheless, a spouse’s substance abuse problem can still impact the outcome of a divorce when it comes to the key issues of money and child custody.

Community Property

Nevada gives spouses an equal right to all property attained during their marriage. Known as community property, courts make an equal division of all marital assets and debts when couples divorce. However, a factor that courts can weigh when making this division is whether a spouse has wasted marital assets or run up marital debt funding their addiction. Courts can divide assets and assign debts in a manner that compensates the other spouse for what the addicted spouse depleted.

Substance Abuse Can Severely Impact Your Parental Rights

Courts are well aware of the effects of the dangers and instability that substance abuse has on children. People who are addicted to drugs and alcohol make poor decisions and are often impaired. This can lead to neglect, violence, emotional abuse, and child endangerment. As courts are tasked with entering orders in a child’s best interest, courts can weigh a parent’s substance abuse in providing limited supervised contact between a parent and a child. In extreme situations, a court can restrict access or even terminate a parent’s rights.

Let Viloria, Oliphant, Oster & Aman L.L.P. Assist You

Viloria, Oliphant, Oster & Aman, L.L.P. provides top-quality representation to individuals who want to maximize their legal rights when ending their marriage. Our attorneys are highly-respected, proven professionals who have successfully resolved highly contested and high asset divorces. We respect our clients and offer though advocacy to ensure that their voices are heard. If you need help with a family law issue, call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 or contact our office through our website.

Categories